The answer is yes; both child custody and child support are subject to modification. When considering a modification to your court order, there must be a substantial change in your circumstances since the initial order was issued. If such a change exists, you have the option to file a motion and petition the court for modifications. This could involve adjustments to the amount of child support or alimony you pay or receive, or alterations to the existing child custody arrangement. Until the court officially modifies the order, it’s essential to adhere to its existing terms. 

When you speak with one of our attorneys, we’ll work closely with you to assess whether modification is warranted based on your current situation. We’ll carefully evaluate whether your circumstances meet the threshold of a “substantial change” under North Carolina law. Additionally, we’ll explore available avenues to potentially secure retroactive or prospective adjustments to better align with your current needs and circumstances. Your well-being and the resolution of your legal matters are our top priorities, and we’re here to provide tailored solutions, strong legal representation, and support every step of the way.

If you have a court order regarding the division of your marital property, it’s important to note that such orders typically cannot be altered. However, if the other party fails to comply with a marital property division agreement or court order, you have the right to enforce the judgment and pursue appropriate legal action to ensure compliance with the court’s directives. 

If you have questions regarding potential modifications to existing custody, child support, or spousal support arrangements, or if the other party is falling short of their obligations, our team of seasoned modification and enforcement attorneys is ready to assist. Whether you reside in Raleigh, Cary, or a surrounding North Carolina community, rest assured that we are here to advocate for your rights and support you through the complexities of your legal matter with diligence and trusted experience.

Yes. A temporary child custody order may be changed at a permanent custody hearing. A permanent custody order can be modified if there has been a substantial change in circumstances affecting the child and the modification would serve the child’s best interests. The court reviews each request individually based on the evidence presented.

Relocation can have a significant impact on an existing custody arrangement. If a proposed move affects the current parenting schedule or the child’s best interests, the court may need to review and modify the custody order. The outcome depends on factors such as the reason for the move, the distance involved, and the effect on the child’s relationship with each parent.

If the other parent is not following a court-ordered custody arrangement, you may be able to ask the court to enforce the order. Depending on the circumstances, the court may require compliance, hold the violating parent in contempt, award make-up parenting time, or impose other remedies authorized under North Carolina law. Documenting each violation can be important if court intervention becomes necessary.

The court will typically schedule a hearing where both parents have an opportunity to present evidence and explain their positions. After reviewing the evidence, the judge will determine whether the order was violated and, if so, what remedies are appropriate under North Carolina law.

Successfully modifying a custody order requires more than simply showing that circumstances have changed. You must also demonstrate that the proposed modification serves your child’s best interests. At New Direction Family Law, our attorneys have over 100 years of combined experience to help families evaluate their options, prepare compelling evidence, and advocate for solutions that support their children’s well-being. If you are ready to take the next step, contact our team today to schedule a consultation.

Helpful evidence may include school records, medical records, calendars documenting parenting time, communications between the parents, witness statements, photographs, or other documentation showing how circumstances have changed since the current order was entered. The strength of the evidence often plays an important role in the court’s decision.

Contempt occurs when a person willfully fails to comply with a valid court order. If the court determines that a parent intentionally violated a custody order without legal justification, it may impose remedies designed to encourage compliance or address the violation. Every contempt proceeding depends on the facts and evidence presented.

Minor scheduling adjustments by mutual agreement are common, but one parent should not unilaterally change a court-ordered parenting schedule without the other parent’s agreement or a court order. If changes become frequent or disruptive, it may be appropriate to seek legal guidance regarding enforcement or modification.